File No. 763.72/1750
The Ambassador in Germany (Gerard) to the Secretary of State
[Telegram]
Berlin,
May 9, 1915, 7 p. m.
[Received May 10, 9 p. m.]
[Received May 10, 9 p. m.]
2198. Following circular statement regarding attacks made by mistake by German submarine boats on neutral vessels of commerce handed me by Foreign Office at 5.30 this afternoon:
- (1)
- Imperial German Government has naturally no intention of causing to be attacked by submarines or aircraft such neutral ships of commerce in the zone of naval warfare, more definitely described in the notice of the German Admiralty staff of February 4 last, as have been guilty of no hostile act; on the contrary, the most definite instructions have repeatedly been issued to German war vessels to avoid attacks on such ships under all circumstances. Even when such ships have contraband of war on board, they are dealt with by submarines solely according to the rules of international law applying to prize warfare.
- (2)
- Should a neutral ship, nevertheless, come to harm through German submarines or aircraft on account of an unfortunate [mistake] in the above mentioned zone of naval warfare, the German Government will unreservedly [Page 388] recognize its responsibility therefor. In such a case it will express its regrets and afford damages without first instituting a prize court action.
- (3)
- It is the custom of the German Government, as soon as the sinking of a neutral ship in the above-mentioned zone of naval warfare is ascribed to German war vessels, to institute an immediate investigation into the cause. If grounds appear thereby to be given for assuming such a hypothesis, the German Navy places itself in communication with the interested neutral government, so that the latter may also institute an investigation. If the German Government is thereby convinced that the ship has been destroyed by German war vessels, it will not delay in carrying out the provisions of paragraph 2 above. In case the German Government, contrary to the viewpoint of the neutral government, is not convinced by the result of the investigation, the German Government has already on several occasions declared itself ready to allow the question to be decided by an international investigation commission according to chapter 3 of the Hague convention of October 18, 1907, for the peaceful solution of international disputes.
Gerard